Mou for franchise India by pavankumarlaw

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									                        “Memorandum of Understanding”
This “Memorandum of Understanding” (hereinafter called the “MoU”) is executed at
__________________ on this _______________ day of ____________ 200_____
between M/s EXCELL ABACUS IQR.,
 having its Head Office at BRUNDAVAN GARDENS, GUNTUR referred to as the
“FRANCHISER” of the first part through ______________ duly authorized to sign and
execute the present MoU by way of Board Resolution / Power Of Attorney / letter of
Authority dated_________________________________AndM/s
________________________________________________________________________
________________________________________________________________________
__________________________________________________________________
hereinafter referred to as the “Prospective Franchisee” the Second Part.The expressions “
FRANCHISER ” and “ PROSPECTIVE FRANCHISEE” shall mean and include their
respective heirs, executors, successors-in interest, representatives and assignees

WHEREAS EXCELL ABACUS IQR is the sole proprietor and Owner of the Trade
mark/ Concepts EXCELL ABACUS IQR and possesses the information, knowledge,
expertise and technical know-how in the above- mentioned field.

Reference No.:Date:AND WHEREAS the PROSPECTIVE FRANCHISEE has
approached the FRANCHISER and is desirous of obtaining franchise of the franchiser to
set up above said Abacus training institute at __________
________________________________________________________________________
________________________________________________________________________
________________Hereinafter called the “Premises” so as to run/ conduct the said
ABACUS training institute under the name and style of EXCELL ABACUS IQR.

NOW THEREFORE, in consideration of the convenants hereinafter contained the parties
hereto mutually agree as follows:

1. Interpretation of Clause:
In the MoU the following expressions shall, unless the content otherwise requires, have
the meanings respectively assigned to them hereunder

1.1REFERENCES
 to the parties hereto shall include, subject to the terms to this MoU, their respective
successors and assigns.

1.2FRANCHISE AGREEMENT
would include the terms and conditions enshired therein, executed between the
“Franchiser” and “Prospective” Franchisee” as described herein above in pursuance to
this MoU.
1.3BUSINESS
means and includes the business of operating/ running play school or any other similar
programme as may be authorized by the Franchiser under the “Franchise Agreement”.

1.4EQUIPMENT
means and includes all the software and hardware equipments, other goods and material
except Manual ( as described here under) used by the prospective franchisee in
understanding the above said 'Business' under the 'Franchisee Agreement'

1.5MANUAL
means and include study materials, prospectus, Instructional,

1.6Methodology,
Curriculum, Course Books, Syllabus, Fee Structure, Rules and Regulations, Procedures
and norms laid down and facilitated by the FRANCHISER to the Prospective Franchisee
under the “Franchise Agreement”.

1.7SERVICES
 means and include the operating / running of play School by the prospective Franchisee
under the terms and conditions as prescribed by the FRANCHISER under the 'Franchise
Agreement'.
1.8CONCEPT
 represents the concept of Abacus training developed by M/S EXCELL ABACUS IQR.

2.MoU For Franchisee Agreements:

2.1 Subject to as Convenants contained herein after, FRANCHISER and Prospective
Franchisee agree voluntarily and out of their own free will to arrive at / execute a
'Franchise Agreement' in purpose to terms and conditions of this MoU arrived at between
the said parties hereunder.

2.2 The Franchiser and Prospective Franchisee may execute Franchise Agreement for the
period of …………………………………months / year (s) from the date of execution of
this MoU.

2.3 The execution of this MoU does not in any way confer status of a Franchise or any
other such right (s) upon the Prospective Franchisee and Prospective Franchisee shall not
commence training of any of the course of the FRANCHISER until the execution of
Franchise Agreement.

2.4 The scope of the MoU shall be governed by and shall not be beyond the terms and
condition of Franchise Agreement.
3.Obligations of Prospective Franchisee :

3.1 This Prospective Franchisee prior to the entering of the Franchise Agreement shall
have an infrastructure of its own including the Equipments at the said premises to
facilitate the efficient running of Abacus training institute, which may be granted under
the Franchise Agreement.

3.2The Prospective Franchisee shall strictly adhere to the standards of quality,
authenticity and other such specifications etc; regarding the infrastructure and
Equipments as prescribed by the law of the land from time to time.

3.3The prospective Franchisee prior to entering the Franchise Agreement shall adhere to
any / all such prescriptions / conditions pertaining to Business, Services, Manuals,
Equipments, Marks etc, as prescribed by the Franchiser for the efficient conduct of
training Course under the Franchise Agreement.

3.4The prospective Franchiser shall fulfill the above said obligations and shall be ready
for inspections by the Franchiser within a period of ____________month(s) / year(s)
from the date of execution of MoU. The Franchiser, however, upon written request of the
prospective Franchisee, may extend, not exceeding a period of __________month(s) /
year(s) from the date of execution of MoU.

4.Obligations of FRANCHISER :

The FRANCHISER shall inspect the arrangements / infrastructure, etc; made by the
prospective Franchisee under its obligations in clause 3 above, and may enter into the
Franchise Agreement with the prospective Franchisee only after being satisfied of the
said obligations.

2.MoU For Franchisee Agreements:

2.1Subject to as Convenants contained herein after, FRANCHISER and Prospective
Franchisee agree voluntarily and out of their own free will to arrive at / execute a
'Franchise Agreement' in purpose to terms and conditions of this MoU arrived at between
the said parties hereunder.

5. MoU Fees
The prospective Franchisee shall pay to the FRANCHISER at the time of the execution
of MoU, a Non Refundable consolidated MoU fee of
Rs………………………………………….. for the consent and grant of approval by the
FRANCHISER to the prospective Franchisee to make arrangements / infrastructure for
entering into Franchisee Agreement between the said parties in terms of this MoU. The
schedule of payment on that behalf is as follows :
………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
……………………….……………………………………………………………...………
……………

6. Termination of MoU :

6.1 Failure of prospective Franchisee to fulfill its obligations as specified in clause 3 of
this MoU or violation of all / any of the terms and conditions of this MoU, including non
payment of MoU Fees, Non adherence to the time schedule, etc; shall entitle the
FRANCHISER to terminate / cancel this MoU with immediate effect.

6.2 Any Act(s) of omission(s) contrary to law like cheating, fraud, misappropriation,
defamation, piracy of equipments etc., or any other criminal or civil offence (s),
committed by the prospective Franchisee, subsequent to this MoU and prior to entering
into Franchisee Agreement which directly or indirectly effect the business and reputation
of FRANCHISER shall entitle the FRANCHISER to terminate / cancel this MoU with
immediate effect.

6.3 Upon violation / breach of the terms and conditions of this MoU as mentioned above,
the FRANCHISER may serve a notice and subsequently terminate the MoU in a written
communique.

7. Indemnity :
The prospective Franchisee shall indemnify and keep the FRANCHISER fully
indemnified against all claims, demands, damages, looses, expenses and cost which the
FRANCHISER may suffer or incur as a result of breach of any of the provision(s) of the
MoU.

8.Jurisdiction :
The parties to this MoU voluntarily and out of their own free will mutually agree to fix
the courts at EXCELL ABACUS IQR Registered office's the venue for the purposes of
jurisdiction and the settlement of all disputes between the parties to the MoU.


IN WITNESSES WHERE OF the parties to this Agreement execute and sign this MoU
on this ……………………………………..day of ………………………200……….
(for FRANCHISER)                      (for PROSPECTIVE FRANCHISEEE)
1.                                       2.

								
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